Antigua Estates understands how important it is to choose the right lawyer to act for you here in Antigua, whether you are buying or selling land or property.
The conveyancing process can be a timely one, so it is imperative to have a professional lawyer who will not only explain everything to you in clear and plain terms, but will also act proactively for you in submitting your Non citizens licence should you be buying as a Non Citizen.
See below an outline of the process and what you would be required to provide should you be buying property as a Non Citizen.
Agreement for Sale
The Sale and Purchase Agreement is usually drafted by the Vendor’s Attorney and reviewed by the Purchaser’s attorney. You will be forwarded the Agreement once the lawyer have received it and reviewed it so that you can review also and pose any questions you may have.
Non-citizens Landholding Licence
As a non-citizen, you are required to apply for a non-citizens landholding licence. The licence must apply to ALL persons whose name is to be on the title to the company and therefore the following information/documents/references is required for all. You must submit 3 references – 1 bank reference stating that you are a customer and in good standing; and 2 personal/character references preferably from professionals on headed paper stating that you are known to them and that you are a person of good character. The references are to be addressed to:
The Ministry of Legal Affairs
Attention: Executive Officer
Queen Elizabeth Highway
The said references must be originals. However, in the first instance, kindly email same to your lawyer so that they may include the names of your referees on the application form that would be emailed to you for your signature.
They will also require confirmation of your permanent address (perhaps a utility bill for electric or telephone or similar), confirmation of occupation, a passport size photograph and copies of the identification pages of your passport.
The original references and signed application along with the passport photos and the other documents requested are to be sent to your lawyer. You can send all original documents to them in one package.
Upon receipt of the signed application and documents from you, they will then apply for the licence and this may take an estimated 3 months for processing (or less). Completion of the purchase of the property will be in accordance with the Agreement which is normally on receipt of non-citizens licence.
Buying in a Company Name
You will have to propose several company names. Then, the lawyer will submit the form to reserve the name to the Companies Registry for the name once they have your signed letter of engagement. Thereafter they will draft the documents to incorporate the company and forward the documents for your signature and return to them. The applications for the non-citizens landholding licences will be in the company name and for the company directors/shareholders. However, the Purchase Agreement will be in your name and will state “and/or nominee” so that at completion title to the property may be placed in the company name.
Antigua Estates is delighted to work with some of the most professional lawyers on Island and are happy to refer them to you for any conveyancing matters or legal work you require.
We would always recommend if you own property in Antigua to have your lawyer draft up an Antiguan Will for you, as this is of paramount importance should the unfortunate happen as this eases the process of probate for your loved ones left behind.
Just fill in the enquiry form below and we can put you in touch today.